FDA is announcing a public workshop to gather scientific information and stimulate discussion among scientists about electronic cigarettes (e-cigarettes). The focus of this workshop will be the impact of e-cigarettes on population health, including prevalence and patterns of use, impacts of e-cigarettes on tobacco product users and non-users, and knowledge, attitudes, and beliefs about e-cigarette products. A workshop on December 10-11, 2014, focused on e-cigarette product science, product packaging, constituent labeling, and environmental impact; and a workshop on March 9-10, 2015, focused on the impact of e-cigarettes on individual health.

While FDA’s tobacco products “deeming rule” is pending, the Agency issues Warning Letters to e-cigarette and e-liquid companies for the first time.

The US Food and Drug Administration (FDA or the Agency) is not waiting to finalize the “deeming rule” before taking enforcement action against electronic cigarette (e-cigarette) and e-liquid companies. As discussed in our previous LawFlash on the subject,[1] FDA issued the proposed “deeming rule” almost a year ago, which for the first time establishes federal regulatory authority over e-cigarettes, cigars, pipe tobacco, dissolvable tobacco products, and nicotine gels (deemed tobacco products).[2]

Should e-cigarettes be regulated? If so, how should they be regulated? Public health experts are divided on these issues. Some argue for a soft approach, lest regulations impede the potential of e-cigarettes to allow heavy smokers to cease smoking. Other experts call for stricter regulations or banning e-cigarettes altogether, claiming that e-cigarettes pose significant health risks, including the risk of hooking young people on nicotine.

On the one side, there are public health officials who want people to proceed with caution because much of the medical evidence is still uncertain. E-cigarettes, after all, have only been around for a decade, which means there are many unknowns about their long-term health consequences.

By contrast, the vaping community sees e-cigarettes as a powerful tool to get people off tobacco. Even if e-cigarettes have side effects, these advocates say, they can’t possibly be as harmful as regular cigarettes. Many believe these devices have saved their lives, and they see any effort to slow down the adoption of e-cigarettes through regulation as extremely harmful.